Court Bars State from Taking Possession of Land for Cheyyur Power Project

Issuing interim injunctions in two separate cases, the Madras High Court has directed Tamil Nadu state government authorities to maintain status quo on the matter of possession of land for the 4000 MW coal-fired power plant cum captive port in Cheyyur, Kanchipuram district. The latest injunction was ordered on 26 March, 2015 in a case filed by A. Kasthuri who owns a residential plot in Panaiyur vilage. The district revenue authorities are acquiring around 1000 acres of land for the project under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997. Acquisition proceedings are at an advanced stage, and awards for compensation have been made. However, the lands have not changed possession as many of the farmers and land-owners have refused to part with the papers or hand-over the land.

Two land-owners with plots in Panaiyur village have approached the High Court opposing the acquisition of their land for setting up a captive port for the Cheyyur power project. They have claimed that the Industrial Purposes Act which was used to acquire the land does not have any self-contained provision for calculation of compensation. The suit argues that since the Act relies on the Land Acquisition Act, 1894, for computation of compensation, and since the 1894 Act has been replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, settling land acquisition or calculating compensation under the 1997 law cannot be maintained in law.

The case is pending and the court is yet to take a final view on the matter.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s